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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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Guest fla_viking

Psycholigy Behind A Va Denial

Question

Guest fla_viking

Dear Fellow Veterans & Friends.

I have studied this issue for years trying to understand why the RO's are so infurating and careless in there decission making process.

OVer the past 15 years BVA and the court have taken away all the power the RO have. The law has identifyed allot of the RO pratices as being illegal and with appeals the vet will eventually get before a reasonable decission maker.

Now in SS law. It requires the disabled person to be sick for over a year before they even apply. This is to put an econimic hardship on any one who has to go a year not abel to work and allot of citizens decide they cant afford to wait.

THe VA does the same thing. The only power the RO has over the vet is took keep there claim under there control as long as they can. I have seen to many vets come on line with the same old tired method the RO uses to deny there claim. It generally goes like this. 'They got the facts wrong, They did not review the medical evidence, they did not read my claim, ect.

What this does psycholigly to the vets is several things. One they feels the punch in the stomoch because there ablity to take care of there familys is now compromized maybe for years to come and it is the hope he can straiten this out to avoid any further harm. The Manner in which the RO made it mistakes makes the vet feel if they can easly straiten it out just by pointing out this mistake or give evidence it will all be quickly resolved in there favor.

If this were just stupidity on part of the RO I would say the vet had a chance. However the incompetant by choice review of our claims make it a differant ball game and a waste of the majority of your time to try inhouse RO appeals or DRO reviews.

How many times do we hear the RO just photo copy the last denial and refused to review any appeal? How many times does each request for review take months if not years to go through. How many times do the RO sucker the vet in for more and more reviews because they bait the vet with such stupid arguments the vet cant belive they cannot straiten this out with the RO.

The above tacticts are by law bad faith claim tacticts. IF you find the RO using them on you. You already have lost all your appeals within the RO to correct the errors, The RO manner in which they write there denial is a time proven method of makin the Vet come back again and again so it will stay at the RO level on a phoney appeal process adding to the 6 to 10 years it now takes for a VA claim to be approved. Belive me the RO wants you to try and try to show them what they refuse to look at.

Once you go to the BVA you have taken away the RO ablity to delay your claim. I know some of you may be affraid of remands and the time it takes for that. How ever alllot of claims are setteled at the RO level after a remand because the RO has been told how to properly process your claim.

I just belive most of the cases at the RO level is delt with in bad faith and you will be treated no differnt. An immeadit appeal to the BVA will save you from time delays the RO uses to review itself. To appeal immeaditly to the BVA and be put on the docket instead of asking for a DRO hearing where the VA keeps your file out of the line for BVA until they rule. Will statisticly save vets years on there appeal process

Dont fall for the VA trick that you can straiten out there stupidity. They write there rulings so the vet feels they will have an easy time showing them there errors and they will in good faith correct those errors. Its a big waste of time

Terry Higgins

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  • Our picks

    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 0 replies
    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
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      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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